delta's motion to the dot to revoke the award of the los angeles-tokyo haneda route to american...
DESCRIPTION
DOT filing by DeltaTRANSCRIPT
BEFORE THE DEPARTMENT OF TRANSPORTATION
WASHINGTON, D.C.
Application of AMERICAN AIRLINES, INC. In the matter of 2010 U.S.-Haneda Combination Services Allocation Proceeding
) ) ) ) ) ) ) )
Docket DOT-OST-2010-0018
MOTION OF DELTA AIR LINES, INC. TO REVOKE BACKUP AWARD
Communications with respect to this document should be addressed to: Glen Hauenstein Executive Vice President & Chief Revenue Officer Robert J. Cortelyou Senior Vice President – Network Planning DELTA AIR LINES, INC. 1030 Delta Boulevard Atlanta, Georgia 30320
Alexander Van der Bellen Managing Director and Associate General
Counsel – Regulatory and International Affairs Christopher Walker Regional Director – Regulatory and International
Affairs DELTA AIR LINES, INC. 1212 New York Avenue, N.W. Washington, D.C. 20005 (202) 842-4184 [email protected] [email protected]
October 1, 2015
BEFORE THE DEPARTMENT OF TRANSPORTATION
WASHINGTON, D.C. Application of AMERICAN AIRLINES, INC. In the matter of 2010 U.S.-Haneda Combination Services Allocation Proceeding
) ) ) ) ) ) ) )
Docket DOT-OST-2010-0018
MOTION OF DELTA AIR LINES, INC. TO REVOKE BACKUP AWARD
Delta Air Lines Inc. (“Delta”) hereby Moves the Department to revoke the backup
authority granted to American Airlines Inc. (“American”) by Order 2015-6-14 to provide Los
Angeles-Haneda service. American promised to inaugurate Los Angeles-Haneda service
within 60 days of receiving backup authority. Yet, despite being on notice since June 17, 2015
that the slots at issue would be available on October 1, American has failed to file any
schedules or make available for sale any Los Angeles-Haneda flights. American apparently
has no intention of inaugurating the service as promised. Accordingly, the slots should be
removed from American, returned to the unallocated pool, and made available to other
interested carriers.
When the Department awarded American backup authority it said: “American has stated
that it supports the Department’s backup selection, and stands ready to meet the Department’s
accelerated 60-day startup condition. . . . American states that it would be prepared to
implement daily Los-Angeles Haneda service promptly, within 60 days of its backup award
being activated, a factor that takes on additional weight in the context of awarding backup
authority.” Order 2015-6-14 at 15 (emphasis added). Moreover, after receiving notification
Delta Motion Page 2
that the slots would be available on October 1, American again reconfirmed by letter to the
Department dated June 19, 2015 that “American will meet the 60-day startup condition set by
the Department in the Final Order. We will provide additional details of the Los Angeles-Haneda
service to the Department in the coming weeks.” See Attachment 1.
The following screen shot illustrates conclusively that American is not publishing
schedules or holding out Los Angeles-Haneda service:
These actions are not consistent with a carrier that intends to launch a new long-haul service
within 60 days. As such, American has violated the conditions of its backup award and should
not be allowed to retain the authority when there are other carriers willing to use it.
Delta reluctantly returned slots that it previously held for Seattle-Haneda service
because Delta could not reasonably comply with the unusually strict operating terms and
conditions imposed by Order 2015-6-14. American’s backup award, as detailed above, was
expressly conditioned on its ability to meet the Department’s accelerated 60-day startup
condition. Given the strict conditions imposed on Delta, it would be unfair, arbitrary and
capricious to allow American to violate the terms of its backup award and retain slots for Los
Angeles-Haneda service that it has no intention of operating within the next 60 days. The slots
should be immediately returned to the unallocated pool forthwith.
Delta Motion Page 3
Respectfully submitted,
_________________________________ Alexander Van der Bellen Managing Director, Regulatory and International Affairs & Associate General Counsel DELTA AIR LINES, INC.
Howard E. Kass Vice President Regulatory Affairs
June 19, 2015
Mr. Paul Gretch
Director, Office of International Aviation
U.S. Department of Transportation
1200 New Jersey Avenue, SE
Washington, DC 20590
Re: U.S.-Haneda Final Order 2015-6-14
Docket DOT-OST-2010-0018
Dear Mr. Gretch:
On June 17, Delta informed the Department that it will return the Seattle-Haneda
slot pair to the Department effective October 1, 2015. Pursuant to the backup authority
awarded to American in Order 2015-6-14, American hereby accepts the returned slot pair
and will inaugurate Los Angeles-Haneda service.
American will meet the 60-day startup condition set by the Department in the Final
Order. We will provide additional details of the Los Angeles-Haneda service to the
Department in the coming weeks.
Sincerely,
Howard Kass
Cc: Service list
CERTIFICATE OF SERVICE
A copy of the foregoing document has been served this 1st day of October, 2015, upon the following persons via email: